WVC 48 - 5 - 604
PART 6. JUDGMENT ORDERING DIVORCE.§48-5-604. Use and occupancy of marital home.
(a) The court may award the exclusive use and occupancy of the
marital home to a party. An order granting use and occupancy of
the marital home shall include the use of any necessary household
goods, furniture and furnishings. The order shall establish a
definite period for the use and occupancy, ending at a specific
time set forth in the order, subject to modification upon the
petition of either party.

(b) Generally, an award of the exclusive use and occupancy of
the marital home is appropriate when necessary to accommodate
rearing minor children of the parties. Otherwise, the court may
award exclusive use and occupancy only in extraordinary cases
supported by specific findings set forth in the order that grants
relief.

(c) An order awarding the exclusive use and occupancy of the
marital home may also require payments to third parties for home
loan installments, land contract payments, rent, property taxes and
insurance coverage. When requiring third-party payments, the court
shall reduce them to a fixed monetary amount set forth in the
order. The court shall specify whether third-party payments or
portions of payments are spousal support, child support, a partial
distribution of marital property or an allocation of marital debt.
Unless the court identifies third-party payments as child support
payments or as installment payments for the distribution of marital property, then such payments are spousal support. If the court
does not identify the payments and the parties have waived any
right to receive spousal support, the court may identify the
payments upon motion by any party.

(d) This section is not intended to abrogate a contract
between either party and a third party or affect the rights and
liabilities of either party or a third party under the terms of a
contract.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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